Canada Case Law

Gill v. Gill

Court

Supreme Court of British Columbia

The Court found British Columbia has territorial jurisdiction because the child was habitually resident in BC; the respondent's continued pursuit of duplicative Nevada proceedings while making inaccurate representations about BC's orders and failing to bring a forum non conveniens/stay application in BC constitutes an abuse of process; an anti-suit injunction was denied as premature because the Nevada Supreme Court has remitted the forum non conveniens question to the Nevada District Court and comity requires allowing that process to run; as a proportionate remedy the respondent's Response to…

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• Habitual residence
• Forum non conveniens
• Abuse of process
• Anti-suit injunction
• Jurisdictional dispute
• Uccjea

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A.A.L. v. A.F.L.

Court

Supreme Court of British Columbia

The court held that (1) relocation to Vernon by Ms. L is permitted and she will remain the primary caregiver because that arrangement best serves the children's stability and welfare given her primary caregiving role and available support; (2) a graduated parenting regime is ordered increasing Mr. L's unsupervised parenting time with specified transition periods; (3) on income the court accepted agreed imputations: Mr. L's income imputed to $192,370 (May-Dec 2024) and $239,130 (from Jan 1, 2025); Ms. L's income imputed to $65,000 up to Oct 1, 2025 and $75,000 thereafter; (4) child support and…

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• Relocation
• Parenting arrangements
• Child support
• Spousal support
• Cohabitation agreement interpretation
• Property valuation

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R.A.K. v. V.J.S.

Court

Supreme Court of British Columbia

The claimant's claim for spousal status was utterly without merit and constituted an attempt to coerce the respondent and continue family/intimate partner violence; the claimant's conduct was reprehensible and justifies an award of special costs to the respondent.

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• Spousal status
• Child support
• Special costs
• Family violence
• Abuse of process

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Wang v. Sullivan

Court

Supreme Court of British Columbia

The Court dismissed the claimant's application to terminate Term #3 of the August 11, 2023 order because the Court of Appeal conclusively addressed and rejected the claimant's substantive challenges (issue estoppel) and the claimant failed to establish the heavy burden of prolonged inability to pay arrears; the Court dismissed the payment‑plan application because a chambers judge lacks jurisdiction to impose a payment schedule on a Court of Appeal costs judgment; the Court granted respondent international travel with the child as serving the child's best interests; and, on a holistic review o…

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• Child support
• Section 7 special and extraordinary expenses
• Costs orders and enforcement
• Vexatious litigant restrictions
• International travel with child
• Resp dispute

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M.J.F. v. G.J.F.

Court

Supreme Court of British Columbia

Court found BC could exercise jurisdiction over parenting because the children were physically present in BC and substantial evidence was available, but declined jurisdiction over divorce, property and support in favour of Washington on forum non conveniens grounds (more ties, property law and evidence in Washington, risk of multiplicity and conflicting orders); accordingly BC proceedings on divorce, property and support were stayed while BC retained jurisdiction over parenting and ordered reunification counselling and staged contact.

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• Jurisdiction
• Forum non conveniens
• Habitual residence
• Guardianship
• Parenting arrangements
• Child support

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Johnson v. Johnson

Court

Court of Appeal for Ontario

The Court of Appeal for Ontario held that transcripts were required for this fact-specific family appeal and gave the appellant a short deadline to prove transcript ordering.

• Transcripts
• Perfection of appeal
• Dismissal for delay
• Security for costs
• Parenting orders
• Child support

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J.S.M. v. T.K.N.

Court

Supreme Court of British Columbia

Interim family-law reasons granting child and spousal support, imputing income to the claimant, ordering arrears, and limiting document production.

• Child support
• Spousal support
• Income imputation
• Interim orders
• Document production
• Retroactive support

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Nadirova v. Nadirov

Court

Supreme Court of British Columbia

On the evidence the respondent was not personally served on July 25, 2023; because service was not established the respondent could not be said to have wilfully or deliberately failed to respond, he moved promptly after learning of the final order, and he demonstrated a meritorious defence; therefore in the interests of justice the final order of February 5, 2025 is set aside, the respondent is permitted to file a response, an interim without prejudice child support order of $251 per month is granted commencing February 1, 2026, and costs for the summary trial and the present application are…

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• Service of process
• Setting aside default judgment
• Child support
• Guardianship
• Interim relief
• Costs

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Edwards v. Edwards

Court

Supreme Court of British Columbia

On the interim application the court imputed $30,000 of additional employment income to Ms. Edwards effective June 1, 2025, otherwise accepted her declared guideline income for the purposes of the application; declines to impute further income based on alleged access to Merom sale proceeds or parental advances on the present record; adjourns determination of retroactive spousal support from Jan 1, 2022 to trial for full evidentiary record; awards interim spousal support effective July 1, 2025; grants divorce; parties bear their own costs.

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• Spousal support
• Child support
• Income imputation
• Disclosure
• Retroactive support
• Variation of consent order

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Daud v. Temor

Court

Court of Appeal for Ontario

Ontario Court of Appeal dismissed a family law appeal challenging striking of pleadings, valuation of a business interest, and imputed income for child support.

• Child support
• Equalization of net family property
• Disclosure obligations
• Imputed income
• Striking pleadings
• Business valuation

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